Asheville Child Support For Self-Employed Parents

Asheville Child Support For Self-Employed Parents

Asheville Child Support Lawyer

Child support is court-ordered financial assistance that is typically made by the non-custodial parent to help support their minor child or children. It is an obligation to your children, determined by the amount of time the child spends with each parent and the income that could be made if the non-custodial parent was working full time. This formula makes calculating child support complicated for those who are self-employed, own a professional practice or business, or earn income in other non-traditional ways. Finding an experienced attorney in Asheville, NC to help navigate these complexities can provide valuable insight into your circumstances.

Asheville Child Support For Self-Employed Parents

Attorneys With Extensive Financial Analysis Experience

If you are concerned about how your non-traditional earning method will affect your child support determination, working with a financially skilled attorney can help immensely. The legal team at Parsons Law, PA, has years of child support law knowledge. This knowledge, combined with our reputation as aggressive advocates and compassionate allies, creates an expert team of professionals that are ready to help guide you through a child support case. We can easily convey your child’s needs to the court and ensure that the results are in the child’s best interests. Our firm is deeply familiar with the many challenges and nuances of courtroom proceedings. We do not shy away from complicated situations that require our all.

Guidelines for Self-Employed Parents

Self employment income may be different from how other parents’, support their children. Fortunately, North Carolina law has a method to fairly determine the income from self-employment for the purpose of child support. Essentially, these guidelines state that the money made from the employment or business venture should be subtracted from the money required to operate the business. This income value is the number that will be used to calculate appropriate child support.

There are some expenses that will be excluded by the North Carolina Child Support Guidelines. There may be certain investment tax credits and depreciation that can be excluded, per the IRS. The court may disallow expenses that the parent would have sustained regardless of operating the business. These can include:

  • Telephones
  • Utilities
  • Insurance
  • Maintenance


Q: What Happens If I Cannot Keep Making Child Support Payments?

A: One potential cost of a divorce is child support payments for your children. If paying child support is a part of your divorce agreement, failing to make these payments can result in serious consequences, regardless of your circumstances. If you are no longer able to make these payments, you must get legal assistance to potentially alter the agreement. A lawyer could help you acquire a court order for reduced child support payments if circumstances change, such as losing your job.

Q: What Does It Mean to Establish Paternity?

A: Establishing paternity is a means to identify the legal father of a child through genetic testing. Once paternity has been established, the father can gain the right to visitation or custody of the child. It also makes the father’s medical information available to the child and provides the legal means to set up child support. For a child born out of wedlock with no father making a claim, a child support agreement cannot be put into place without identifying the father through genetic testing.

Q: What Is Income Withholding?

A: Income withholding, also known as wage withholding, is a reliable and efficient means of collecting child support obligations. The state of North Carolina will send a notice of wage withholding to your employer for an employee who is on a child support agreement. Federal and state laws require that the employer deduct the indicated child support from that employee’s wages. This withholding can also apply to workers’ compensation and unemployment insurance benefits.

Q: Can a Non-Custodial Parent Be Arrested for Failing to Pay Child Support?

A: No, a parent’s failure to pay child support to the other parent cannot be the sole justification for arresting them. If child support is not being paid, they must be served with a Motion and Order to Show Cause. During the resulting hearing, both parents will have an opportunity to address the court about the child support case. After the evidence and testimony are presented, the judge will then determine if the non-custodial parent is in contempt of the child support order.

Q: How Do You Acquire Evidence of Revenue and Expenses for Child Support Calculation?

A: If you are a self-employed parent, it is your responsibility to keep track of any revenue and expense documentation for your business. If your child’s other parent files a child support claim, you will be required to present this documentation to the court. If you are the other parent, you can get this information in several ways. You can ask for the information if you are amicable, but it will also be presented once a claim for child support has been filed.

Parsons Law, PA: Your Guide to Child Support for Self-Employed Parents

Determining the full and accurate income of a self-employed parent who does not have a traditional income type can be difficult. Although the law does provide some clarity, the presiding judge over your child support case has fairly wide discretion when determining what should be considered a business expense. This leeway can make walking into a child support hearing daunting if one of the parents is self-employed.

Parsons Law, PA, can provide clarity on how your case may resolve in court. Our experienced teams are knowledgeable about how our local courts rule in these instances. They can help prepare you for how the case is likely to go. Our skilled team can also take this information and craft creative legal solutions for your child support determination. We are dedicated to guiding our clients toward cost-effective and amicable resolutions that are ultimately in the best interests of the involved children. As your child’s advocates, we are incredibly proficient at communicating your child’s needs to the court. Contact us today so we can create a plan that moves forward with the best interests of your child in mind.

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